PropertyProf Blog

Editor: Stephen Clowney
Univ. of Arkansas, Fayetteville

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Friday, June 15, 2012

Homeowners’ Association Must Allow Political Signs

Eugene Volokh has posted a concise summary of Mazdabrook Commons Homeowners’ Ass’n v. Khan (N.J. June 13, 2012), an important property case out of the New Jersey Supreme Court:

The New Jersey Supreme Court is one of the few state courts that has interpreted its state constitution as restricting at least some private property owners, such as privately owned shopping malls and private universities. In today’s case, the court applied this to homeowners’ associations vis-a-vis their members, and held that the associations may not entirely ban homeowners from displaying political signs, though they may impose reasonable content-neutral rules on the size and number of those signs. (The court specifically stressed that, “[w]e do not suggest … that the Association could properly distinguish among different types of political signs.”)

Steve Clowney

http://lawprofessors.typepad.com/property/2012/06/homeowners-association-must-allow-political-signs.html

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